Most Dangerous Branch: How the Supreme Court of Canada Has Undermined Our Law and Our Democracy

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In The Most Dangerous Branch Robert Martin argues that the Supreme Court has changed from acting on principles to acting on values, allowing it to impose personal preferences. Martin shows that the Court's judges have adopted an orthodoxy of moral relativism and identity politics that he likens to a secular state religion. This orthodoxy, in his view, denies the possibility of objectivity about human endeavour and regards social reality as "constructed." While purporting to be concerned with the plight of the oppressed, it is actually based on profound condescension. Martin believes that the "theocracy" that dominates the Supreme Court of Canada is subverting democracy and the rule of law.
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Product Details

  • ISBN-13: 9780773526143
  • Publisher: McGill-Queens University Press
  • Publication date: 11/28/2003
  • Pages: 320
  • Product dimensions: 5.98 (w) x 9.16 (h) x 0.99 (d)

Meet the Author

Robert Ivan Martin is professor of law, the University of Western Ontario and the co-author of A Sourcebook of Canadian Media Law.
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Table of Contents

Introduction 3
1 The Attack on Law 26
2 The Attack on Democracy 40
3 Philosopher Kings and Queens 77
4 Who Are These People? 96
5 Judicial Review of Everything 103
6 Making It Up as They Go Along: Herein of the "Unwritten Constitution" and Other Matters 116
7 The Matriarchy in Change 124
8 Is the Supreme Court Still a Court? 155
9 Encore une Trahison des Clercs 166
10 One Tiger to a Hill 175
11 What Is to Be Done? 181
Appendix 197
Notes 203
Table of Cases 255
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